Southend flat residents in five-year battle over unsafe balconies

Gillian Humphries said not being able to use her balcony was "heart-breaking"

People in a new-build block of flats are locked in a battle over their balconies that they were told were unsafe five years ago.

The Southend-on-Sea residents were told in 2018, in a letter seen by the BBC, not to step on to the balconies after rotting decking boards were identified.

One resident, a disabled 79-year-old woman, said it was "heart-breaking".

The developer said repairs were being planned and the management company said it was a "complex matter".

Surveyors for Southend-on-Sea City Council said one of the balconies was in danger of collapsing

Gillian Humphries, who has chronic obstructive pulmonary disease, moved to the flat at Plaza Royal Mews nine years ago partly so she could see the sea from her balcony.

"I'm heartbroken - it's affecting me mentally, physically and I actually have to go out of my flat to sit outside to get fresh air," she told the BBC Essex.

A letter from managing agent Scott and Stapleton, dated June 2018, said an inspection by builders found "the decking boards to be rotten along with the joists" and advised "all leaseholders and tenants with balconies not to use them with immediate effect".

Twelve flats are believed to be affected.

Scaffolding was erected this summer after the local council ordered remedial works to begin

A letter sent to a second resident, in 2022, also seen by the BBC, said the planned works for the balconies were "paused due to the cladding crisis".

It said residents must not "go on to the balcony for any reason due to structural concerns".

On 5 July this year, Southend-on-Sea City Council told the management company that its own survey noted one of the balconies was in danger of collapse and remedial works must begin within 21 days.

Scaffolding was later erected.

Ms Humphries's daughter, Laura Angell, said: "The right thing needs to be done - she thought by purchasing that flat she was buying a safe and structurally sound property."

The residents were advised in 2018 not to use the balconies

David Garston, Conservative city councillor responsible for housing, said: "We have given advice that the balcony at this address is not safe to use in its current condition."

Scott and Stapleton owner, Tim Scott, said responsibility for the balcony was "complicated" because the obligation to repair it was divided between the leaseholder and the freeholder.

'A complex matter'

"We are working through the legislative framework which will result in a consultation and is likely to be a lengthy process," said Mr Scott.

Regarding Ms Humphries's flat, he said: "We understand that lack of information can lead to frustrations from time to time, but this is a complex matter which will take time and we thank the leaseholder and her family for their ongoing patience."

Norman Powell, owner of freeholder N R Powell Developments, said it was putting together a schedule for repairs and pointed out the local council originally approved the building works 15 years ago.

He also pointed out that keeping pot plants on balconies, as in Ms Humphries's case, was against the tenancy agreement because it could cause water damage.

"It's being looked into in depth with scaffolding, carpentry and timber prices," he told the Local Democracy Reporting Service.

"We will put all these prices to the lessees, then it's up to them which way they want to go. I think we are close to doing that."